I.-The provisions of the articles mentioned in the left-hand column of the following table shall apply in New Caledonia, subject to the adaptations mentioned in II, in the wording indicated in the right-hand column of the same table:
Applicable articles | In the wording resulting from |
---|---|
L. 440-1 with the exception of its 3rd and 4th paragraphs and L. 440-2 |
Act no. 2019-486 of 22 May 2019 |
L. 440-4 |
Law no. 2016-1691 of 9 December 2016 |
L. 440-5 and L. 440-6 |
Order no. 2007-544 of 12 April 2007 |
L. 440-7 and L. 440-8 |
Order no. 2017-1107 of 22 June 2017 |
L. 440-9 |
law no. 2013-672 of 26 July 2013 |
L. 440-10 |
Order no. 2007-544 of 12 April 2007 |
II.For the application of the articles mentioned in the table above:
1° In article L. 440-1:
a) In the first paragraph, the words: “central counterparties as defined in Article 2(1) of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter derivatives, central counterparties and trade repositories” are replaced by the words: “legal entities that interpose themselves between counterparties to contracts traded on one or more financial markets, becoming the buyer vis-à-vis any seller and the seller vis-à-vis any buyer”;
b) In the second paragraph, after the words: “and the Banque de France”, the words: “as well as the Institut d’émission d’outre-mer” are added;
c) The fifth paragraph is replaced by the following provisions:
“The Autorité de contrôle prudentiel et de résolution shall also consult the Autorité des marchés financiers, the Institut d’émission d’outre-mer and the Banque de France when it receives information from the legal entities referred to in the first paragraph whose registered office is located in New Caledonia relating to:
“any change in their management bodies;
any decision by a natural or legal person, taken individually or collectively, to acquire or significantly increase a qualifying holding in the capital of the legal persons referred to in the first paragraph;
any interoperability agreement, within the meaning of the last paragraph of I of Article L. 330-1, which it considers excessively risky”;
2° In Article L. 440-2:
a) In sections 4 and 5, the words: “in mainland France or in the overseas departments or the Department of Mayotte or in Saint-Barthélemy or Saint-Martin” are deleted;
b) In section 7, the words: “by counterpart authorities in another Member State of the European Union or party to the Agreement on the European Economic Area or in a third country” are replaced by the words: “by counterpart authorities in a State other than France”.